The Oklahoma Small Claims Court

2183 WordsDec 7, 20169 Pages
The Oklahoma Small Claims Court is a low cost way of resolving legal issues when there is less than 7,500 dollars in dispute. Most states have small claims divisions where disputes are limited to those involving less than a specified amount of money in controversy. Within a small claims court, the procedure is informal and generally there is no appeal from a judgement. The losing party however, has the right to a trial de novo in a higher court. A “trial de novo” is a completely new trial that ignores the earlier result in small claims court. Since the amount currently in question is a 1,525 dollar contract, the plaintiff can seek relief for breach of contract in Oklahoma Small Claims Court. It is convenient for my friend that the contract in question does not have an arbitration clause because if it did my friend would be unable to take this breach of contract to court. A contract is a promise between two or more parties that the law recognizes as binding by providing a remedy in the event of breach. In order for a promise to be enforceable it must be supported by consideration. Consideration can be defined as a bargained for exchange between the promisor and promisee; a promise can not be considered a contract without consideration. Common law states also require mutual assent to exist for a contract to be enforceable, this means that there must be an offer and an acceptance of said offer. For example, if a promise is made between two consenting people and one of those
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